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Updated 8 October 2026

Family Law Property Valuation

Separating couples need an independent market value for the property pool, often at the date of separation as well as today. We prepare evidence-based valuations for family law settlements and the CGT consequences that follow them, current or retrospective, from $297 inc. GST.

At a glance

  • Settlements are negotiated against a market value, and an agent appraisal from each side rarely produces one both parties accept
  • Values may be needed at the date of separation, the date of agreement, or both, depending on the matter
  • A transfer between spouses under a family law settlement usually attracts a rollover, which defers CGT rather than removing it
  • The spouse who keeps the property generally inherits the other's cost base, so the tax lands on them at a later sale
  • Independent reports signed by a Certified Property Valuer, residential $297 and commercial $595 inc. GST, delivered in 24 to 48 hours

Why an independent valuation

The property is usually the largest item in the pool, and the number attached to it decides how everything else is divided. Where each party brings an appraisal from an agent they chose, the two figures predictably diverge, and the gap becomes the argument.

A valuation from an independent valuer with no interest in the outcome does three things an appraisal cannot. It states a method and shows the comparable sales behind the figure, so the reasoning can be tested rather than simply disputed. It carries no incentive: our fee is fixed and never contingent on the value reached. And it can be prepared as at a past date, which an appraisal cannot do at all.

$297Residential report, AUD inc. GST
24 to 48 hoursTypical report turnaround
Australia-wideAll states and territories
Certified Property ValuerChartered Accountant, signed by the valuer who prepared it

Which date to value

That is a legal question for your solicitor rather than a valuation question, and it varies with the matter. In practice we are asked for one or both of:

  • Date of separation. Where the parties separated some time before the matter resolved, and contributions or changes after that date are in issue.
  • Current value. Where the pool is being divided on today's figures, which is the more common basis for the final division.

Where both are needed, they are two reports at two dates. Tell us the dates your solicitor nominates and we value them. Retrospective separation dates are prepared using sales evidence from that period, at the same fee as a current report. See our backdated valuation service.

The CGT side of a settlement

A transfer of property between spouses under a court order or a binding financial agreement generally attracts a marriage or relationship breakdown rollover. That is a deferral, not an exemption, and it has a consequence people frequently miss during the negotiation.

The spouse who takes the property typically inherits the other spouse's cost base and acquisition details, which is where a capital gains tax valuation becomes relevant. The tax that would have been triggered by the transfer is not forgiven; it is carried forward and lands on the retaining spouse when they eventually sell.

Warning

An equal split on paper can be unequal after tax

One party takes the investment property, the other takes cash or superannuation of the same nominal value. The property carries an embedded capital gain that the retaining party will pay tax on at some point; the cash does not. Unless the settlement accounts for that, the division is not as even as the figures suggest. The embedded gain cannot be quantified without a cost base, and the cost base often needs a valuation.

Two further points worth raising early:

  • Main residence status can change. Where one party moves out, the property's exemption position for that party starts to shift, and the six-year absence rule may become relevant. See the six-year rule.
  • Records go missing in separations. Purchase contracts, improvement receipts and rental start dates are exactly the documents that disappear when a household splits. Establishing values and dates while both parties can still locate paperwork is far easier than reconstructing it afterwards.

The spouse who keeps the property will sell under the CGT changes that start on 1 July 2027. Our capital gains tax calculator shows how the reset splits a gain on a property held across that date.

Need a valuation for a settlement?

Independent reports for current or separation-date values, prepared and signed by a Chartered Accountant and Certified Property Valuer. Residential $297, commercial $595, AUD inc. GST, delivered in 24 to 48 hours.

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Why 1 July 2027 changes the negotiation

From 1 July 2027 the 50 per cent CGT discount is replaced by cost base indexation and a 30 per cent minimum tax for individuals, trusts and partnerships, under the Treasury Laws Amendment (Tax Reform No. 1) Act 2026, enacted 26 June 2026. Affected assets are treated as disposed of and reacquired at market value on that date.

For a separating couple, that adds a second dated number to the file. Whoever retains an investment property will need a 1 July 2027 market value to split the eventual gain, alongside whatever cost base the rollover hands them. Settlements being negotiated now, over property that will still be held after that date, are better done with that number identified rather than discovered later. See the 1 July 2027 valuation page.

Court-directed expert reports

Our reports are independent desktop valuations prepared for tax and settlement purposes. They are used by parties and their advisers to establish the property pool, to support negotiation, and to underpin the CGT position that follows.

Where a court directs a single expert valuation, that engagement carries its own requirements, including the expert evidence rules and usually a physical inspection of the property. If your matter is at that stage, tell us before ordering so we can confirm whether the report you need is one we prepare or whether the matter calls for a court-appointed single expert.

Cost and turnaround

ReportFee (AUD inc. GST)Turnaround
Residential, current or separation date$29724 to 48 hours
Commercial, current or separation date$59524 to 48 hours

Where both a separation-date value and a current value are required, each is a separate report at the standard fee. Reports can be addressed to either party, to both, or to the solicitor, and billed accordingly. See for solicitors.

Common questions

Do I need a property valuation for a divorce settlement?

In almost every matter where real property is in the pool. The division is negotiated against a market value, and an independent valuation is far harder to dispute than competing agent appraisals. It also establishes the figures the CGT position depends on for whoever retains the property.

Can a valuation be backdated to the separation date?

Yes. A retrospective valuation establishes market value as at the separation date using sales that settled around that time, at the same fee as a current report. Where the matter needs both a separation-date and a current value, those are two reports.

Will one valuation be accepted by both parties?

That is a matter for the parties and their solicitors, but an independent report with documented comparable sales and a fixed fee not tied to the outcome is materially easier for both sides to accept than an appraisal obtained by one of them. Many matters proceed on a single jointly instructed valuation.

Does transferring the house to my ex trigger CGT?

A transfer under a court order or binding financial agreement generally attracts a marriage or relationship breakdown rollover, which defers the CGT rather than removing it. The spouse who keeps the property typically inherits the other's cost base and carries the embedded gain to a future sale. Confirm the position with your accountant and solicitor.